Labor backs down on CGT changes after startup sector pushback

Federal government revises capital gains tax proposal after founders warned the policy would double exit tax rates and push investment offshore. Small businesses with turnover under $10 million keep the 50% discount. New carve-out coming for innovative firms, details still unclear.

Labor backs down on CGT changes after startup sector pushback

The Numbers

Labor's original CGT proposal would have replaced the 50% discount with cost-based indexation, pushing the maximum effective tax rate on founder exits near 47%. For early-stage founders with negligible cost base to index from, that meant doubling their tax bill on exit.

The government has now carved out:

  • Small businesses under $10 million turnover: keep the 50% active asset reduction
  • Coverage extends to 98% of active businesses, all 2.7 million active small businesses
  • New "innovative business CGT concession" announced, criteria not yet public

What Changed

The backlash was loud enough to move policy. Founders and VCs argued the change would:

  • Deter risk-taking in a market already struggling for capital
  • Push investment offshore to lower-tax jurisdictions
  • Kill equity compensation as a viable tool for early-stage hiring

The startup argument: if you tax founder exits at wage-earner rates, you remove the upside that compensates for startup risk. That changes the math on whether it is worth building in Australia.

What Still Applies

From July 1, 2027:

  • Capital gains on assets purchased before that date: still get the 50% discount
  • Assets after: inflation indexation plus 30% minimum tax
  • Negative gearing abolished for established dwellings
  • New 30% minimum tax on discretionary trust distributions from July 2028

The trust tax change attracted criticism as a "death tax by stealth." Government walked back the application to testamentary trusts after backlash.

Sales Implications

This matters if you sell to ANZ startups. Founder confidence drives spending on tools, services, and hiring. When exit economics change, so does growth appetite.

Watch for:

  • Slower hiring in Q3/Q4 2027 as founders wait for policy clarity
  • Potential pullback in SaaS, payroll, and cap-table tool spending
  • Risk that later-stage companies accelerate exits before July 2027

The "innovative business" carve-out could stabilise sentiment, but details matter. Without clear criteria, expect continued uncertainty in the venture market.

What We Don't Know

Government has not specified:

  • How they define "innovative business" for the new concession
  • Whether employee equity gets separate treatment
  • What happens to ESOP recipients under the new rules

Until those details land, expect founders to keep pushing for clarity.